Legal Definitions - public-authority justification

Public-authority justification is a legal defense that excuses an action which would otherwise be considered unlawful, because the action was performed under the lawful direction, order, or authority of a government body or official.

Essentially, if a person or entity commits an act that might typically lead to legal liability, but they did so because they were lawfully compelled or authorized by a public authority (like a police department, a city council, or a health agency), they may be able to use this defense to avoid being held responsible.

• Example 1: Civilian Aid to Law Enforcement

  Imagine a police officer is in hot pursuit of a dangerous suspect on foot. The officer, seeing a civilian's parked car nearby, orders the civilian to use their vehicle to block an alleyway the suspect is about to enter. The civilian complies, and in doing so, their car sustains minor damage, and the suspect's escape is thwarted. If the suspect later tried to sue the civilian for property damage or the civilian's insurance company tried to deny a claim, the civilian could invoke public-authority justification.

  This illustrates the term because the civilian's action of blocking the alley, which caused damage, was performed directly under the lawful command of a public authority (the police officer) acting in their official capacity to apprehend a suspect.

• Example 2: Government-Directed Demolition

  A private demolition company is hired by a city's urban planning department to tear down a building that has been officially condemned as unsafe. During the demolition, despite careful planning, a small piece of debris accidentally falls and causes minor damage to the roof of an adjacent, privately owned building. The owner of the damaged building considers suing the demolition company.

  The demolition company could argue public-authority justification. Their actions, which resulted in property damage, were carried out under the direct and lawful authority of a public entity (the city's urban planning department) to address a public safety concern.

• Example 3: Public Health Order Enforcement

  During a severe outbreak of a contagious disease, a local public health official issues an emergency order requiring all non-essential businesses, including a popular local bookstore, to close temporarily for two weeks to prevent further spread. The bookstore owner suffers significant financial losses due to this mandated closure and considers legal action against the health department for lost income.

  The health official's order, which caused financial harm to the bookstore, would be protected by public-authority justification. The official, acting as a public authority, issued the directive within their legal powers to safeguard public health, making the action justifiable despite its negative impact on the business.